[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 46029-46030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18174]
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
[CBP Dec. 08-30]
Container Seals on Maritime Cargo
AGENCY: U.S. Customs and Border Protection, Homeland Security.
ACTION: General notice.
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SUMMARY: This document brings attention to the existing statutory
requirement by which all maritime containers in transit to the United
States are required to be sealed with a seal meeting the ISO/PAS 17712
standard and specifies the date on which the requirement shall take
effect.
EFFECTIVE DATE: October 15, 2008.
FOR FURTHER INFORMATION CONTACT: Leslie Fleming Luczkowski, Cargo and
Conveyance Security, Office of Field Operations, (202) 344-1927.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to 6 U.S.C. 944, as amended by Section 1701 of Title XVII
(``Maritime Cargo'') of the Implementing Recommendations of the 911
Commission Act of 2007 (911 Act), the Secretary of Homeland Security is
authorized to establish by regulation minimum standards and procedures
for securing containers in transit to the United States. The 911 Act
provides that if the Department of Homeland Security (DHS) does not
issue an interim final rule for establishing such minimum standards and
procedures by April 1, 2008, effective no later than October 15, 2008,
all containers in transit to the United States shall be required to be
sealed with a seal meeting the International Organization for
Standardization Publicly Available Specification 17712 (ISO/PAS 17712)
standard for sealing containers. As DHS has not issued regulations
establishing minimum standards and procedures for securing such
containers at this time, pursuant to 6 U.S.C. 944, all maritime
containers in transit to the U.S. by vessel shall be required to be
sealed with a seal meeting the ISO/PAS 17712 standard for sealing
containers no later than October 15, 2008.
As 6 U.S.C. 944 imposes a self-executing legal requirement, DHS is
not required to issue regulations for this requirement to be
implemented. This document does not impose additional requirements
beyond those found in 6 U.S.C. 944. This document simply serves to
bring attention to the existing statutory requirement that all maritime
containers in transit to the United States by vessel are required to be
sealed with a seal meeting the ISO/PAS 17712 standard and specifies the
date on which the requirement takes effect.
The ISO/PAS 17712 Standard
Generally, ISO/PAS 17712 requires that container freight seals meet
or exceed certain standards for strength and durability so as to
prevent accidental breakage, early deterioration (due to weather
conditions, chemical action, etc.) or undetectable tampering under
normal usage. ISO/PAS 17712 also requires that each seal be clearly and
legibly marked with a unique identification number.
Copies of ISO/PAS 17712 may be purchased from the International
Organization for Standardization, 1, rue de Varemb[eacute], CH-1211
Geneva 20, Switzerland or the American National Standards Institute, 25
West 43rd Street, New York, NY 10036.
[[Page 46030]]
Containers Subject to the 6 U.S.C. 944 Sealing Requirement
All loaded containers, including foreign cargo remaining on board
(FROB), arriving by vessel at a port of entry in the United States on
or after October 15, 2008, are required to be sealed with a seal
meeting the ISO/PAS 17712 standard.
U.S. Customs and Border Protection (CBP) recognizes that there are
types of containers that cannot be readily secured by use of a
container freight seal meeting the ISO/PAS 17712 standard. These
include tanks, non-standard containers (such as open top containers),
or containers that simply cannot accommodate a seal meeting the ISO/PAS
17712 standard (such as custom built containers). These types of
containers are not subject to the statutory requirement.
Enforcement of the 6 U.S.C. 944 Sealing Requirement
CBP will consider 6 U.S.C. 944 to be violated if a loaded container
that is subject to the sealing requirements arrives by vessel at a port
of entry in the United States on or after October 15, 2008, either (i)
with no seal or (ii) with a seal that does not meet the ISO/PAS 17712
standard. These violations derive from a failure to properly seal the
container.
CBP may assess a civil penalty against the party responsible for
the violation of 6 U.S.C. 944 under 19 U.S.C. 1595a(b) for the
attempted introduction of merchandise into the United States contrary
to law.
CBP will phase in penalty assessments for violation of the
container sealing requirements.
Trade Act Requirements
CBP also takes this opportunity to remind vessel carriers that
pursuant to 19 CFR 4.7(b)(2) and 4.7a(c)(4)(xiv), they must transmit
all seal numbers to CBP 24 hours before cargo is laden aboard a vessel
at a foreign port via the Vessel Automated Manifest System (AMS).
Dated: August 4, 2008.
Thomas S. Winkowski,
Assistant Commissioner, Office of Field Operations.
[FR Doc. E8-18174 Filed 8-6-08; 8:45 am]
BILLING CODE 9111-14-P